In re the Claim of Eggertson

Appellate Division of the Supreme Court of New York

In re the Claim of Eggertson

33 A.D.2d 1086, 307 N.Y.S.2d 807, 1970 N.Y. App. Div. LEXIS 5478

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 20, 1970

StatusPublished

This text of 33 A.D.2d 1086 (In re the Claim of Eggertson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Eggertson, 33 A.D.2d 1086, 307 N.Y.S.2d 807, 1970 N.Y. App. Div. LEXIS 5478 (N.Y. Ct. App. 1970).

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Opinion

Reynolds, J.

Appeal from a decision of the Unemployment Insurance Appeal Board which determined that claimant voluntarily left his employment without good cause. The board has determined that the change in the terms of claimant’s employment was not so substantial as to furnish good cause for claimant to terminate his employment. This decision is factual and thus if the board’s decision is based on substantial evidence, it must be affirmed (Matter of Emple [Catherwood], 29 A D 2d 711). We cannot say as a matter of law that the board could not find on the instant record that claimant’s primary reason for leaving employment was the assignment of additional accounting work, that such assignment did not constitute a substantial change in employment, that claimant’s estimate as to the increased cost because of the change in employment conditions was “ not borne out by the facts ”, and that any increase in cost present could not be deemed to be substantial. We thus find no basis to disturb the board’s determination and, accordingly, it must be affirmed. Decision affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

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Reynolds, J.

Appeal from a decision of the Unemployment Insurance Appeal Board which determined that claimant voluntarily left his employment without good cause. The board has determined that the change in the terms of claimant’s employment was not so substantial as to furnish good cause for claimant to terminate his employment. This decision is factual and thus if the board’s decision is based on substantial evidence, it must be affirmed (Matter of Emple [Catherwood], 29 A D 2d 711). We cannot say as a matter of law that the board could not find on the instant record that claimant’s primary reason for leaving employment was the assignment of additional accounting work, that such assignment did not constitute a substantial change in employment, that claimant’s estimate as to the increased cost because of the change in employment conditions was “ not borne out by the facts ”, and that any increase in cost present could not be deemed to be substantial. We thus find no basis to disturb the board’s determination and, accordingly, it must be affirmed. Decision affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

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Bluebook (online)

33 A.D.2d 1086, 307 N.Y.S.2d 807, 1970 N.Y. App. Div. LEXIS 5478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-eggertson-nyappdiv-1970.